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PAFFREL to take EC to Court if the LG Polls delayed

10 Nov 2022

  • Says EC need not seek AG advice to declare scheduled LG Polls
BY Mirudhula Thambiah Polls monitor, the People’s Action for Free and Fair Elections (PAFFREL), yesterday (9) warned that if the Election Commission (EC) fails to declare the Local Government (LG) elections on time, they would take legal action against the institution by filing a public interest litigation petition for not fulfilling their duties as required.  PAFFREL Executive Director Rohana Hettiarachchi told The Morning yesterday: “We met with a group of lawyers today (9) to discuss the possibilities of taking legal action against the Election Commission if they fail to fulfil their duty by not declaring the Local Government elections.”  Hettiarachchi noted that PAFFREL had held a meeting with the Election Commission Chairman Attorney Nimal Punchihewa on Tuesday (8) to discuss the possibilities of holding the Local Government elections on time.  “We wanted to get their views on how they are preparing for the Local Government elections. Before 20 March, 2023, the said elections should take place and the results must be declared. By 20 March, there should be new councilors and members representing the LG authorities. The election Commission’s response was that with the newly appointed Delimitation Committee’s process and the newly adopted 21st Amendment to the Constitution’s provisions, they have to obtain legal advice from the Attorney General’s (AG) Department on whether they can declare the LG elections,” he added.  He said that the Commission had also pointed out that with the 21st Amendment to the Constitution, once the Speaker of Parliament signs the Amendment, it is a legal document.  “Therefore, the terms of the independent commissions automatically stand expired. But, there is the interim provision for them to function until the next commission is appointed by reconstituting. The commission feels that within the interim period, they cannot take serious decisions. Our argument was that this is not a serious decision as these are the scheduled elections. Once the LG bodies were established last in 2018, we are aware that after four years, we will have fresh Elections for the next Councils (Municipal and Urban) and Pradeshiya Sabhas.  “According to our view, these are scheduled Elections and this is nothing special but simply routine work. But the commission feels that it is not so as a result of the delimitation process and the effect of the 21st Amendment to the Constitution, due to which they are a little reluctant and have requested an opinion from the AG. We said that they do not have to go for such an opinion because the commission is duty-bound to declare the elections,” he added. Hettiarachchi clarified that PAFFREL is not against delimitation and reducing the number of LG councillors and members, but that the only argument here is that the Government cannot delay elections using this delimitation process.  “This is a fundamental right of the people. If the elections are not held on time, after March 2023, the LG authorities will be under the control of commissioners. When we met the Delimitation Committee too on Tuesday following discussions with the Election Commission, they said that it will not affect the election process. They said that under the delimitation process, elections can be held as is and that the Election Commission can go for elections. This is the correct stand,” he added.  However, Punchihewa earlier told The Morning that the commission is awaiting legal advice from the AG on whether they have the power to declare Local Government Elections under the 21st Amendment to the Constitution.  “There are some legal problems for which we have to get advice from the AG. Under the 21st Amendment to the Constitution, the tenure of all independent Commissions will expire. Then, for an interim period, administrative matters could be carried out. However, the declaring of an election is a major matter. We have the power to make decisions on major matters. Anyhow, we have to get the legal view of the AG as to whether under the 21st Amendment to the Constitution, we can declare elections,” he added.  Also, a five-member National Delimitation Committee on the Demarcation of Wards for Local Authorities, appointed by Prime Minister Dinesh Gunawardena recently and chaired by former Election Commission Chairman Mahinda Deshapriya, will submit its final report by 28 February 2023.   


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